whistleblower submission form form c · whistleblower submission form including a whistleblower...
TRANSCRIPT
INDIVIDUAL #1
NAME
ADDRESS
Who is involved? What happened? Supportingdocuments
About thewhistleblower(s)
Counselcertification
Whistleblower Submission Form
For a lawyerrepresenting
whistleblower(s)
Complete this form IF you are a lawyerrepresenting a whistleblower(or a group of whistleblowers)who wish to be anonymous.
If you are a individual whistleblower, please complete Form A instead.If you are a group of whistleblowers acting jointly, please complete
Form B instead.
FORM C
1
1
2 3 4 5
WHO IS INVOLVED IN THE MISCONDUCT?
Who are the individuals involved in the misconduct?
PART
A
First Last
Street
Country
City
Phone number
Job position/Title
Province/State
INDIVIDUAL #2
NAME
ADDRESS
(List the required information for any additional individuals on Attachment 1 at the end of this form.)
First Last
Street
Country
City
Phone number
Job position/Title
Province/State
1.
Your client, the whistleblower, must have provided you with a completed and signed Whistleblower Submission Form including a Whistleblower Certification, the original of which you must retain in your records.
ENTITY #1
NAME
ADDRESS
Who is involved? What happened? Supportingdocuments
About thewhistleblower(s)
Counselcertification
1 2 3 4 5
Who are the entities involved in the misconduct? B
Street
Country
City
Phone number
Province/State
Website
YES NO I DON’T KNOW
If YES, identify which entities the individual was or is an employee, officer or director of, at the time of the misconduct:
At the time of the misconduct, were, or are, any of the individuals in A) abovean employee, officer or director (a member of the board of directors) at any ofthe entities in B) above?
Individual #1 Entity #1
Entity #1
Entity #___
Entity #2
Entity #2
Entity #___
Entity #___Individual #2
Individual #___
ENTITY #2
NAME
ADDRESS
(List the required information for any additional entities on Attachment 2 at the end of this form.)
Street
Country
City
Phone number
Province/State
Website
2.
For a lawyerrepresenting
whistleblower(s)
FORM C
If NO, if you know, please indicate where the individual in A) above was employed at the time of the misconduct:
Individual #1 Entity name
Entity name
Entity name
Individual #2
Individual #___
Who is involved? What happened? Supportingdocuments
1 2 3 4 5
3.
For a lawyerrepresenting
whistleblower(s)
FORM C
About thewhistleblower(s)
Counselcertification
2 WHAT HAPPENED?PART
Illegal insider trading and/or tipping
Illegal distribution and/or unregistered trading
Fraud
Corporate disclosure and/or financial statements
From ____/__ (Year/Month) To ____/__ (Year/Month)
I don’t know
I don’t know
Other; please describe:
When did or when will each type of misconduct identified in A) aboveoccur? Check all that apply.
Describe the facts that lead you to believe that the above misconduct hasoccurred, is presently occurring, or is about to occur. Be as specific as possible.
The misconduct occurred in the past.
At what date ranges did it occur? Specify type of misconduct (from A.) above:
From ____/__ (Year/Month) I don’t know
The misconduct is currently ongoing.
At what date did it start? Specify type of misconduct (from A.) above:
The misconduct is about to occur sometime in the future. Specify type of misconduct (from A.) above:
I don’t know; Specify type of misconduct (from A.) above:
(Provide any additional information on the back of this form or on a separate sheet of paper and attach it to this form.)
Who is involved? What happened? Supportingdocuments
1 2 3 4 5
What type of securities-related misconduct do you believe has occurred, is presently occurring, or will occur? Check all that apply.
4.
For a lawyerrepresenting
whistleblower(s)
FORM C
About thewhistleblower(s)
Counselcertification
How did you learn about the above misconduct?
When did you learn about the above misconduct?
What do you believe is the magnitude of the misconduct? (For example, how much money is involved? How many people are being harmed?)
Year ____, Month __
(Provide any additional information on the back of this form or on a separate sheet of paper and attach it to this form.)
(Provide any additional information on the back of this form or on a separate sheet of paper and attach it to this form.)
Who is involved? What happened? Supportingdocuments
2 3 4 5
.
5.
For a lawyerrepresenting
whistleblower(s)
FORM C
About thewhistleblower(s)
Counselcertification
1
(Provide any additional information on the back of this form or on a separate sheet of paper and attach it to this form.)
(If necessary, provide any additional information on a separate sheet of paper and attach it to this form.)
Who is involved? What happened? Supportingdocuments
3 4 2 5
Do you currently have documents or materials in your possession or control,that you wish to provide to the OSC, to support the misconduct?
3 SUPPORTING DOCUMENTSPART
YES NO
If YES, if you are attaching files stored on a physical storage medium (such as a USB thumb drive) and/or physicaldocuments, please describe each document and provide details below.
Please do not reference or attach any documents that may reflect legal advice, that are communications with a lawyer for the purpose of obtaining legal advice or related working papers or that may otherwise be subject to solicitor-client privilege.
Document description How was it obtained? Is it likely to reveal your identity? If yes, please explain
Are there additional documents or materials available to support themisconduct which are not in your possession or control?
B
YES
1.
2.
3.
4.
5.
NO I DON’T KNOW
If YES, please describe the additional documents and the location of each document. Please also indicate if any ofthe additional documents are likely to reveal your identity.
Please do not reference any documents that may reflect legal advice, that are communications with a lawyer for the purpose of obtaining legal advice or related working papers or that may otherwise be subject to solicitor-client privilege.We do not expect you to obtain documents or other things that are not in your possession or control.
6.
For a lawyerrepresenting
whistleblower(s)
FORM C
About thewhistleblower(s)
Counselcertification
1
Who is involved? What happened? Supportingdocuments
4 2 5 3
Have you or the whistleblower(s) had any prior communication with the OSCregarding this matter?
A
Are you or the whistleblower(s) involved in legal proceedings regarding thismatter?
C
4 ABOUT THE WHISTLEBLOWER(S)PART
YES NO I DON’T KNOW
If YES, please specify:i) Person at the OSC (if known) that you dealt with: ii) Date of your initial communication (Year, Month, Day):
Have you or the whistleblower(s) had any communication with another securitiesregulator, self-regulatory organization (such as the Investment IndustryRegulatory Organization of Canada (IIROC), or the Mutual Fund DealersAssociation (MFDA)), government official, or a law enforcement agencyregarding this matter?
B
(If necessary, provide any additional information on a separate sheet of paper and attach it to this form.)
YES NO I DON’T KNOW
YES NO I DON’T KNOW
If YES, please specify:
If YES,
i) Organization(s):ii) Person at the organization (if known) that you dealt with: iii) Date of your initial communication (Year, Month, Day): iv) Action taken by that party (if any, if known):
i) What is your or that person’s involvement in the legal proceedings? For example, are you or that person a plaintiff, defendant or witness? ii) Describe the type and timing of the legal proceedings.
7.
For a lawyerrepresenting
whistleblower(s)
FORM C
About thewhistleblower(s)
Counselcertification
1
Who is involved? What happened? Supportingdocuments
4 2 5 3
D
YES NO I DON’T KNOW
If YES, please detail:
Did the whistleblower(s) obtain this information while conducting an inquiry or investigation into possible violations of law?
E
YES NO PREFER NOT TO ANSWER
If YES, please describe their involvement:
Were the whistleblower(s) involved in the misconduct?
8.
For a lawyerrepresenting
whistleblower(s)
FORM C
F Is there anything else you would like to tell us?
About thewhistleblower(s)
Counselcertification
1
Who is involved? What happened? Supportingdocuments
4 2 5 3
9.
For a lawyerrepresenting
whistleblower(s)
FORM C
About thewhistleblower(s)
Counselcertification
LAWYER’S CONTACT INFORMATION GName of Law Firm Lawyer’s Name
Street
Daytime Phone
City Province/State, Country
1
Who is involved? What happened? Supportingdocuments
52 3 4
1
2
3
4
I, ____________, certify that I have read and agree to the above. ______________ _____________ (Print Name) (Signature) (Date)
As the lawyer representing the whistleblower, please agree to the above counsel certification.
5 COUNSEL CERTIFICATIONPART
I confirm that I have read OSC Policy 15-601 – Whistleblower Program; and explained it to my client, the whistleblower in this matter.
I confirm that I have verified the whistleblower’s identity by viewing valid government issued identification of the whistleblower.
I confirm that the whistleblower has provided me with a complete and signed Whistleblower Submission Form including a Whistleblower certification, the originals of which I retain in my records.
I have confirmed with the whistleblower that, to the best of their knowledge and belief, the information submitted is true and complete.
Please mail the Whistleblower Submission Form, and include supporting documents or materials, to the following address: Office of the Whistleblower - ConfidentialOntario Securities Commission22nd Floor20 Queen Street WestToronto, ON M5H 3S8
10.
About thewhistleblower(s)
Counselcertification
For a lawyerrepresenting
whistleblower(s)
FORM C
1
Who is involved? What happened? Supportingdocuments
Attachments
A2 3 4 5
INDIVIDUAL #3
NAME
ADDRESS
1. WHO ARE THE INDIVIDUALS INVOLVED IN THE MISCONDUCT?
Please provide details of additional individuals involved in the misconduct here.
ATTACHMENT
First Last
Street
Country
City
Phone number
Job position/Title
Province/State
INDIVIDUAL #4
NAME
ADDRESS
First Last
Street
Country
City
Phone number
Job position/Title
Province/State
INDIVIDUAL #5
NAME
ADDRESS
First Last
Street
Country
City
Phone number
Job position/Title
Province/State
11.
About thewhistleblower(s)
Counselcertification
For a lawyerrepresenting
whistleblower(s)
FORM C
1
Who is involved? What happened? Supportingdocuments
Attachments
A2 3 4 5
2. WHO ARE THE ENTITIES INVOLVED IN THE MISCONDUCT? ATTACHMENT
12.
About thewhistleblower(s)
Counselcertification
For a lawyerrepresenting
whistleblower(s)
FORM C
Please provide details of additional entities involved in the misconduct here.
1
ENTITY #3
NAME
ADDRESS Street
Country
City
Phone number
Province/State
Website
ENTITY #4
NAME
ADDRESS Street
Country
City
Phone number
Province/State
Website
ENTITY #5
NAME
ADDRESS Street
Country
City
Phone number
Province/State
Website
(Page left intentionally blank. Please provide any additional information here, as necessary.)
13.
For a lawyerrepresenting
whistleblower(s)
FORM C